I won this auction on a 1946 Marlin 36 .30-30, a C&R rifle. The listing states that they will only send to an FFL and makes no mention of not accepting an 03 FFL. Isn't an auction a binding contract? The dealer is located in Las Vegas, NV. I have been going round and round on the phone with this guy and he has yet to tell me why they can't ship it to me other than "company policy." He also had a weak excuse regarding a recent BATF inspection. He finally asked for my information and said he'd call me back after I told them that negative feedback was inevitable. What gives? Any help would be appreciated!

Well, they write FFL Dealer only, so they might want to exclude C&R to avoid having to actually check if the gun is C&R eligible. Either way, you got the short end of the stick, with their high feedback rating they might just blow you off and take a negative. If you think you got a decent deal and really want the gun, toss in the extra $20 and have it send to your local FFL.

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I used to love being able to hit hard at 1000 yards. As I get older I find hitting a mini ram at 200 yards with the 22 oddly more satisfying.

The listing states that they will only send to an FFL and makes no mention of not accepting an 03 FFL.

The "sin of omission" doesn't work. They didn't list it as a C&R, nor did they state they'd ship to a C&R. You should have contacted them regarding your status and intentions prior to bidding to confirm they would deviate from their stated process.

They are not obligated to ship to you as you are not the standard of a "licensed FFL Dealer". Sure, they could have been more specific, but sure, you could have asked. I can tell you from experience, it won't fall your way.
If you give them a negative feedback, they'll do the same for you... and in the end, you'll be viewed as someone who didn't do their homework.

Thanks for the responses, guys. He called back earlier and they are going to cover the FFL fee. Looks like they did their part. I will make sure to specify my situation next time, just didn't think it would be problem. I got my C&R to make these transactions easier...oh well.

I understand where you're coming from, and... it will make it easier, as long as, in the future, you do your part.
When I worked as the internet sales manager of a large GS, I made sure to list a C&R gun as such, and included in the wording "C&Rs OK" in the gun description title to make it easier to find in a search.

So few places deal with C&Rs that they may not even know what a C&R gun is when they have it in their greasy little hands... let alone how to identify one.

Anyway, don't let it get you down. We learn best from our mistakes rather than our successes.

In my experience with this situation, ALWAYS ask the seller if they accept a "C&R" (don't call it a 03 FFL because many 01 FFLs (dealer) don't actually know what that is) unless they say "C&R" when they say must go to FFL, they always mean 01 FFL, but sometimes thats the only FFL they are referring to.

And I certainly feel for you, half the things I see on Gunbroker I am interested in, are listed as "No sales to California", even though they are perfectly legal, and there is no additional work required for a seller to ship to an 03 FFL.

Define certain? I am familiar enough with post-war 3rd generation (pre-336) Marlin 36's made in the mid to late forties with a blued, not case colored receiver to be able to recognize one in a gunbroker listing...

Thanks for the responses, guys. He called back earlier and they are going to cover the FFL fee. Looks like they did their part. I will make sure to specify my situation next time, just didn't think it would be problem. I got my C&R to make these transactions easier...oh well.

You owe these guys a strong positive feed back. They stepped up and paid for your assuming they would ship to a C&R.

Not all 01 FFL's are gun people, it's just a business to them. They may not ship eligible C&R and demand all go to a 01 FFL.

Concur entirely with SLAMFIRE.
The 336 is still a current/modern firearm. I do not blame the dealer at all.
Using the 50 year old logic, AK 47s were first produced over 50 years ago. I would not expect to see those made before 1962 to be C&R elligible.
I would go by the BATFE CFR list if I was the dealer.

jpw1488
Thanks for the responses, guys. He called back earlier and they are going to cover the FFL fee. Looks like they did their part. I will make sure to specify my situation next time, just didn't think it would be problem. I got my C&R to make these transactions easier...oh well.

Well, I think that the seller just got lots of positive feedback here. Be sure to leave positive feedback on GB for 'em. Too bad they don't have other auction. I enjoy dealing with straight shooters.

Using the 50 year old logic, AK 47s were first produced over 50 years ago. I would not expect to see those made before 1962 to be C&R eligible.
I would go by the BATFE CFR list if I was the dealer.

An AK 47 produced 50+ years ago would be a select fire weapon and not eligible for importation.

In a very rare case, if the AK was a 50+ year old transferable gun already in the registry, it most certainly would be eligible for shipment directly to an 03 FFL holder, provided he met all the other usual requirements for obtaining an NFA weapon. (I.e fingerprints, photos, $200.00 tax payment, etc.)

If you were a dealer going only by BATF's list, then you would be losing a lot of potential business by being so narrow minded and ignorant of the law.

In a very rare case, if the AK was a 50+ year old transferable gun already in the registry, it most certainly would be eligible for shipment directly to an 03 FFL holder, provided he met all the other usual requirements for obtaining an NFA weapon. (I.e fingerprints, photos, $200.00 tax payment, etc.)

Not only that, wouldn't it save him a $200 transfer fee? (he'd still have to pay one transfer, but not two) And the extra time involved getting the transfer paperwork for the intermediary FFL?

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"The only way to stop a bad guy with a gun is with a good guy with a gun"

And let's not forget....when a listing says, 'licensed FFL dealer', C & R licenses do not 'make us dealers', in fact it prohibits us from being a dealer. Hence always best to ask any seller if they've not specifically addressed sales to C & R licensees.

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